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HB 9 — Federal Immigration Enforcement
Last action — Died in Judiciary
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
521 added · 518 removed521 line(s) added, 518 removed.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 9 2018 A bill to be entitled An act relating to federal immigration enforcement;
hb0009-00hb0009-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 9 2018 entities and law enforcement agencies to petition the Federal Government for reimbursement of certain costs;
providing for venue;
SectionPage 1.2 of 21 CODING:
Short title.—This act may be cited as the "Rule Page 2 of 21 CODING:
hb0009-00hb0009-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 9 2018 of Law Adherence Act." Section 2.1.
Short title.—This act may be cited as the "Rule of Law Adherence Act." Section 2.
908.102 Definitions.—As used in this chapter, the term:
hb0009-00hb0009-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 9 2018 (1)908.102 "FederalDefinitions.—As immigrationused agency"in meansthis thechapter, United States Department of Justice, the Unitedterm: States Department of Homeland Security, or any successor agency and any division of such agency, including United States Immigration and Customs Enforcement, United States Customs and Border Protection, or any other federal agency charged with the enforcement of immigration law.
(1) "Federal immigration agency" means the United States Department of Justice, the United States Department of Homeland Security, or any successor agency and any division of such agency, including United States Immigration and Customs Enforcement, United States Customs and Border Protection, or any other federal agency charged with the enforcement of immigration law.
or (b) The federal immigration agency's official form is incomplete and fails to indicate on its face that the federal immigration official has probable cause to believe that the person to be detained is a removable alien under federal immigration law, but is supported by an affidavit, order, or Page 4 of 21 CODING:
hb0009-00hb0009-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 9 2018 immigration law, but is supported by an affidavit, order, or other official documentation that indicates that the federal immigration agency has probable cause to believe that the person to be detained is a removable alien under federal immigration law.
1373(a) or (b), or which knowingly prohibits or impedes a law enforcement agency from communicating or cooperating with a federal immigration agency with respect to federal immigration enforcement, including, but not limited to, limiting or preventing a state entity, local governmental Page 5 of 21 CODING:
hb0009-00hb0009-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 9 2018 limiting or preventing a state entity, local governmental entity, or law enforcement agency from:
PART II DUTIES 908.201 Sanctuary policies prohibited.—A state entity, law Page 6 of 21 CODING:
hb0009-00hb0009-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 9 2018 908.201 Sanctuary policies prohibited.—A state entity, law enforcement agency, or local governmental entity may not adopt or have in effect a sanctuary policy.
(d) Using such information to determine eligibility for a Page 7 of 21 CODING:
hb0009-00hb0009-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 9 2018 (d) Using such information to determine eligibility for a public benefit, service, or license pursuant to federal or state law or an ordinance or regulation of a local governmental entity.
(b) In a criminal case described by paragraph (a), the judge shall, at the time of pronouncement of a sentence of confinement, issue an order requiring the secure correctional facility in which the defendant is to be confined to reduce the Page 8 of 21 CODING:
hb0009-00hb0009-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 9 2018 facility in which the defendant is to be confined to reduce the defendant's sentence by a period of not more than 7 days on the facility's determination that the reduction in sentence will facilitate the seamless transfer of the defendant into federal custody.
(5) This section does not require a state entity, local governmental entity, or law enforcement agency to provide a federal immigration agency with information related to a victim Page 9 of 21 CODING:
hb0009-00hb0009-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 9 2018 federal immigration agency with information related to a victim of or a witness to a criminal offense if such victim or witness timely and in good faith responds to the entity's or agency's request for information and cooperation in the investigation or prosecution of such offense.
1101 et seq., the law enforcement agency shall:
hb0009-00hb0009-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 9 2018 1.1101 et seq., the law enforcement agency shall:
1.
(2) A law enforcement agency is not required to perform a Page 11 of 21 CODING:
hb0009-00hb0009-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 9 2018 (2) A law enforcement agency is not required to perform a duty imposed by paragraph (1)(a) or paragraph (1)(b) with respect to a person who is transferred to the custody of the agency by another law enforcement agency if the transferring agency performed that duty before transferring custody of the person.
908.206 Duty to report.— (1) An official, representative, agent, or employee of a state entity, local governmental entity, or law enforcement Page 12 of 21 CODING:
hb0009-00hb0009-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 9 2018 state entity, local governmental entity, or law enforcement agency shall promptly report a known or probable violation of this chapter to the Attorney General or the state attorney having jurisdiction over the entity or agency.
908.207 Implementation.—This chapter shall be implemented to the fullest extent permitted by federal law regulating immigration and the legislative findings and intent declared in Page 13 of 21 CODING:
hb0009-00hb0009-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 9 2018 immigration and the legislative findings and intent declared in s.
(b) If the state attorney determines that a complaint filed against a state entity, local governmental entity, or law enforcement agency is valid, the state attorney shall, not later Page 14 of 21 CODING:
hb0009-00hb0009-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 9 2018 enforcement agency is valid, the state attorney shall, not later than the 10th day after the date of the determination, provide written notification to the entity that:
(3) The Attorney General, the state attorney who conducted the investigation, or a state attorney ordered by the Governor Page 15 of 21 CODING:
hb0009-00hb0009-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 9 2018 the investigation, or a state attorney ordered by the Governor pursuant to s.
Venue of an action brought by the Attorney General may be in Leon County.
(5) An order approving a consent decree or granting an injunction or civil penalties pursuant to subsection (4) must include written findings of fact that describe with specificity the existence and nature of the sanctuary policy in violation of s.Page 16 of 21 CODING:
908.201 and that identify each sanctuary policymaker who voted for, allowed to be implemented, or voted against repeal or prohibition of the sanctuary policy.
The court shall provide a Page 16 of 21 CODING:
hb0009-00hb0009-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 9 2018 copys. of the consent decree or order granting an injunction or civil penalties that contains the written findings required by this subsection to the Governor within 30 days after the date of rendition.
Show all 55 changed lines (15 more)
908.201 and that identify each sanctuary policymaker who voted for, allowed to be implemented, or voted against repeal or prohibition of the sanctuary policy.
The court shall provide a copy of the consent decree or order granting an injunction or civil penalties that contains the written findings required by this subsection to the Governor within 30 days after the date of rendition.
required written findings.— (1) A person injured in this state by the tortious acts or omissions of an alien unlawfully present in the United States, or the personal representative of a person killed in this state by the tortious acts or omissions of an alien unlawfully present in the United States, has a cause of action for damages against Page 17 of 21 CODING:
hb0009-00hb0009-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 9 2018 or the personal representative of a person killed in this state by the tortious acts or omissions of an alien unlawfully present in the United States, has a cause of action for damages against a state entity, local governmental entity, or law enforcement agency in violation of ss.
(4) A final judgment entered in favor of a plaintiff in a cause of action brought pursuant to this section must include written findings of fact that describe with specificity the existencePage and18 nature of the21 sanctuaryCODING: policy in violation of s.
908.201 and that identify each sanctuary policymaker who voted for, allowed to be implemented, or voted against repeal or Page 18 of 21 CODING:
hb0009-00hb0009-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 9 2018 prohibitionexistence and nature of the sanctuary policy.policy in violation of s.
908.201 and that identify each sanctuary policymaker who voted for, allowed to be implemented, or voted against repeal or prohibition of the sanctuary policy.
(2) The Chief Financial Officer shall be notified by the state attorney of an adjudicated violation of this chapter by a state entity, local governmental entity, or law enforcement agencyPage and19 be provided with a copy of the21 finalCODING: court injunction, order, or judgment.
Upon receiving such notice, the Chief Financial Officer shall timely inform all state agencies Page 19 of 21 CODING:
hb0009-00hb0009-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 9 2018 that administer non-federal grant funding of the adjudicated violation by the state entity, local governmental entity, or law enforcement agency and directbe suchprovided agencieswith toa cancelcopy allof pending grant applications and enforce the ineligibilityfinal ofcourt suchinjunction, entityorder, foror thejudgment. prescribed period.
Upon receiving such notice, the Chief Financial Officer shall timely inform all state agencies that administer non-federal grant funding of the adjudicated violation by the state entity, local governmental entity, or law enforcement agency and direct such agencies to cancel all pending grant applications and enforce the ineligibility of such entity for the prescribed period.
908.402 Discrimination prohibited.—A state entity, a local governmental entity, or a law enforcement agency, or a person employed by or otherwise under the direction or control of such an entity, may not base its actions under this chapter on the Page 20 of 21 CODING:
hb0009-00hb0009-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 9 2018 governmental entity, or a law enforcement agency, or a person employed by or otherwise under the direction or control of such an entity, may not base its actions under this chapter on the gender, race, religion, national origin, or physical disability of a person except to the extent permitted by the United States Constitution or the state constitution.
hb0009-00hb0009-01-c1
Show all 55 changed rows (15 more)
Action History
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Died in Judiciary
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Indefinitely postponed and withdrawn from consideration
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Received
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Referred to Judiciary; Rules
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In Messages
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CS passed; YEAS 71 NAYS 35
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Read 3rd time -HJ 328, 329
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Placed on 3rd reading
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Amendment(s) failed (396255, 420719, 932581)
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Read 2nd time
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CS by Judiciary Committee read 1st time
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Introduced
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Placed on Special Order Calendar, 01/11/18
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Placed on Calendar
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Pending review of CS -under Rule 7.18(c)
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CS by- Judiciary Committee; YEAS 11 NAYS 7
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On Committee agenda-- Judiciary Committee, 11/07/17, 9:30 am, Sumner Hall
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Referred to Judiciary Committee
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Filed
Sponsors
- Judiciary Committee · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 163 not signed on · 22 voted No
Sponsors (1)
- Judiciary Committee
Co-sponsors (0)
None.
Not signed on (163)
163 members have not signed on to this bill.
Show all 163 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 55 | 30 | 0 | 6 |
| Republican | 16 | 1 | 0 | 7 |
| Democrat | 0 | 4 | 0 | 1 |
| Total | 71 | 35 | 0 | 14 |
| % of votes cast | 59% | 29% | 0% | 12% |
How each member voted (120)
| Member | Party | Vote |
|---|---|---|
| Gonzalez | — | Yea |
| Alexander | — | Nay |
| Altman | — | Yea |
| Grant, J. | — | Yea |
| Grant, M. | — | Yea |
| Raschein | — | Yea |
| Caldwell | — | Yea |
| Clemons | — | Yea |
| Slosberg | — | Nay |
| Latvala | — | Yea |
| Smith | — | Nay |
| Cortes, B. | — | Yea |
| Lee | — | Nay |
| Cortes, J. | — | Nay |
| Sullivan | — | Yea |
| Diaz, M. | — | Yea |
| Watson, B. | — | Nay |
| Watson, C. | — | Nay |
| Moraitis | — | Yea |
| Nunez | — | Yea |
| Abruzzo | — | Not Voting |
| Williams | — | Not Voting |
| Fitzenhagen | — | Not Voting |
| Ahern | — | Yea |
| Asencio | — | Nay |
| Ausley | — | Nay |
| Beshears | — | Yea |
| Bileca | — | Yea |
| Brown | — | Nay |
| Byrd | — | Yea |
| Corcoran | — | Yea |
| Cruz | — | Nay |
| Cummings | — | Yea |
| Diamond | — | Nay |
| Donalds | — | Yea |
| Drake | — | Yea |
| DuBose | — | Not Voting |
| Duran | — | Nay |
| Eagle | — | Yea |
| Edwards-Walpole | — | Nay |
| Fant | — | Yea |
| Fine | — | Yea |
| Fischer | — | Yea |
| Geller | — | Nay |
| Goodson | — | Yea |
| Hager | — | Yea |
| Hardemon | — | Nay |
| Harrison | — | Yea |
| Henry | — | Nay |
| Ingoglia | — | Yea |
| Ingram | — | Yea |
| Jacobs | — | Nay |
| Jenne | — | Nay |
| Jacquet | — | Nay |
| Killebrew | — | Yea |
| Magar | — | Yea |
| Mariano | — | Yea |
| McGhee | — | Nay |
| Mercado | — | Nay |
| Metz | — | Yea |
| Newton | — | Nay |
| Oliva | — | Yea |
| Olszewski | — | Yea |
| Moskowitz | — | Not Voting |
| Payne | — | Yea |
| Peters | — | Yea |
| Pigman | — | Yea |
| Ponder | — | Yea |
| Porter | — | Yea |
| Pritchett | — | Nay |
| Raburn | — | Yea |
| Richardson | — | Nay |
| Renner | — | Yea |
| Rodrigues | — | Yea |
| Rommel | — | Yea |
| Roth | — | Yea |
| Russell | — | Nay |
| Santiago | — | Yea |
| Shaw | — | Nay |
| Silvers | — | Nay |
| Spano | — | Yea |
| Sprowls | — | Yea |
| Stafford | — | Nay |
| Stevenson | — | Yea |
| Stone | — | Yea |
| Toledo | — | Yea |
| Trujillo | — | Not Voting |
| White | — | Yea |
| Willhite | — | Nay |
| Williamson | — | Yea |
| La Rosa | — | Yea |
| Antone, Bruce Hadley | Democrat | Nay |
| Berman, Lori | Democrat | Nay |
| Daniels, Kimberly | Democrat | Not Voting |
| Davis, Tracie | Democrat | Nay |
| Jones, Shevrin D. "Shev" | Democrat | Nay |
| Albritton, Ben | Republican | Yea |
| Boyd, Jim | Republican | Yea |
| Brodeur, Jason | Republican | Yea |
| Burgess, Danny | Republican | Yea |
| Burton, Colleen | Republican | Yea |
| Grall, Erin | Republican | Yea |
| Gruters, Joe | Republican | Yea |
| Harrell, Gayle | Republican | Yea |
| Leek, Thomas J. "Tom" | Republican | Yea |
| Massullo, Ralph E., Jr. | Republican | Yea |
| McClain, Stan | Republican | Yea |
| McClure, Lawrence | Republican | Yea |
| Miller, Monique | Republican | Yea |
| Perez, Daniel | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Not Voting |
| Plasencia, Susan | Republican | Not Voting |
| Stark, Paula A. | Republican | Nay |
| Trumbull, Jay | Republican | Yea |
| Vacant | Republican | Not Voting |
| Vacant | Republican | Not Voting |
| Vacant | Republican | Not Voting |
| Vacant | Republican | Not Voting |
| Vacant | Republican | Not Voting |
| Yarborough, Clay | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 32 | 51 | 0 | 8 |
| Democrat | 5 | 0 | 0 | 0 |
| Republican | 1 | 16 | 0 | 7 |
| Total | 38 | 67 | 0 | 15 |
| % of votes cast | 32% | 56% | 0% | 13% |
How each member voted (120)
| Member | Party | Vote |
|---|---|---|
| Cortes, J. | — | Yea |
| Sullivan | — | Nay |
| Diaz, M. | — | Nay |
| Watson, B. | — | Yea |
| Watson, C. | — | Yea |
| Moraitis | — | Nay |
| Nunez | — | Nay |
| Abruzzo | — | Not Voting |
| Gonzalez | — | Not Voting |
| Slosberg | — | Not Voting |
| Williams | — | Not Voting |
| Fitzenhagen | — | Not Voting |
| Alexander | — | Yea |
| Altman | — | Nay |
| Grant, J. | — | Nay |
| Grant, M. | — | Nay |
| Raschein | — | Nay |
| Caldwell | — | Nay |
| Clemons | — | Nay |
| Latvala | — | Nay |
| Smith | — | Yea |
| Cortes, B. | — | Nay |
| Lee | — | Yea |
| Ahern | — | Nay |
| Asencio | — | Yea |
| Ausley | — | Yea |
| Beshears | — | Nay |
| Bileca | — | Nay |
| Brown | — | Yea |
| Byrd | — | Nay |
| Corcoran | — | Nay |
| Cruz | — | Yea |
| Cummings | — | Nay |
| Diamond | — | Yea |
| Donalds | — | Nay |
| Drake | — | Nay |
| DuBose | — | Yea |
| Duran | — | Yea |
| Eagle | — | Nay |
| Edwards-Walpole | — | Yea |
| Fant | — | Nay |
| Fine | — | Nay |
| Fischer | — | Not Voting |
| Geller | — | Yea |
| Goodson | — | Nay |
| Hager | — | Nay |
| Hardemon | — | Yea |
| Harrison | — | Nay |
| Henry | — | Yea |
| Ingoglia | — | Nay |
| Ingram | — | Nay |
| Jacobs | — | Yea |
| Jacquet | — | Yea |
| Jenne | — | Yea |
| Killebrew | — | Yea |
| Magar | — | Nay |
| Mariano | — | Nay |
| McGhee | — | Yea |
| Mercado | — | Yea |
| Metz | — | Nay |
| Moskowitz | — | Yea |
| Newton | — | Yea |
| Oliva | — | Nay |
| Olszewski | — | Nay |
| Payne | — | Nay |
| Pigman | — | Nay |
| Peters | — | Nay |
| Ponder | — | Nay |
| Porter | — | Nay |
| Pritchett | — | Yea |
| Raburn | — | Nay |
| Renner | — | Nay |
| Richardson | — | Yea |
| Rodrigues | — | Nay |
| Rommel | — | Nay |
| Roth | — | Nay |
| Russell | — | Yea |
| Santiago | — | Not Voting |
| Shaw | — | Yea |
| Silvers | — | Yea |
| Sprowls | — | Nay |
| Spano | — | Nay |
| Stafford | — | Yea |
| Stevenson | — | Nay |
| Stone | — | Nay |
| Toledo | — | Nay |
| Trujillo | — | Not Voting |
| White | — | Nay |
| Willhite | — | Yea |
| Williamson | — | Nay |
| La Rosa | — | Nay |
| Antone, Bruce Hadley | Democrat | Yea |
| Berman, Lori | Democrat | Yea |
| Daniels, Kimberly | Democrat | Yea |
| Davis, Tracie | Democrat | Yea |
| Jones, Shevrin D. "Shev" | Democrat | Yea |
| Albritton, Ben | Republican | Nay |
| Boyd, Jim | Republican | Nay |
| Brodeur, Jason | Republican | Nay |
| Burgess, Danny | Republican | Nay |
| Burton, Colleen | Republican | Nay |
| Grall, Erin | Republican | Nay |
| Gruters, Joe | Republican | Nay |
| Harrell, Gayle | Republican | Nay |
| Leek, Thomas J. "Tom" | Republican | Nay |
| Massullo, Ralph E., Jr. | Republican | Nay |
| McClain, Stan | Republican | Nay |
| McClure, Lawrence | Republican | Nay |
| Miller, Monique | Republican | Nay |
| Perez, Daniel | Republican | Nay |
| Plakon, Rachel Saunders | Republican | Not Voting |
| Plasencia, Susan | Republican | Not Voting |
| Stark, Paula A. | Republican | Yea |
| Trumbull, Jay | Republican | Nay |
| Vacant | Republican | Not Voting |
| Vacant | Republican | Not Voting |
| Vacant | Republican | Not Voting |
| Vacant | Republican | Not Voting |
| Vacant | Republican | Not Voting |
| Yarborough, Clay | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 7 | 0 | 2 |
| Republican | 4 | 0 | 0 | 1 |
| Total | 11 | 7 | 0 | 3 |
| % of votes cast | 52% | 33% | 0% | 14% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Alexander | — | Nay |
| Fitzenhagen | — | Yea |
| Gonzalez | — | Yea |
| Cortes, J. | — | Nay |
| Moraitis | — | Yea |
| Slosberg | — | Nay |
| Byrd | — | Yea |
| Diamond | — | Nay |
| Geller | — | Nay |
| Hager | — | Not Voting |
| Harrison | — | Yea |
| Metz | — | Yea |
| Pritchett | — | Nay |
| Spano | — | Not Voting |
| Sprowls | — | Yea |
| Stafford | — | Nay |
| Burgess, Danny | Republican | Not Voting |
| Grall, Erin | Republican | Yea |
| Perez, Daniel | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Trumbull, Jay | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 9?
- HB 9 is sponsored by Judiciary Committee.
- What is the current status of HB 9?
- This bill died with 2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 9?
- Track HB 9 free on One Click Politics — get push/email alerts when it moves.
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